Rosenberg v. Klein
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment of the Municicipal Court of the city of New York, second district, borough of Manhattan, in favor of the plaintiff.
1Opinion of the CourtEbeedmah, P. J.
This action was brought by the plaintiff to recover the value of two pieces of silk sold to the defendant by the firm of Spielman & Co., assignors of one Rosenfield, the assignor of plaintiff. The delivery of four pieces of silk was admitted by the defendant, but he claimed that he had returned them to Spielman & Co. on or about the day of the purchase, and the only question at issue between the parties is whether all four or only two pieces of the silk were returned. On the trial, one Just, a witness called by the plaintiff, testified that at the time the silk was claimed to have been…
2Cases cited3 opinions
- National Ulster County Bank v. MaddenNew York Court of Appeals · 1889
- Textile Publishing Co. v. SmithAppellate Terms of the Supreme Court of New York · 1900
- Cullinan v. MoncriefAppellate Division of the Supreme Court of the State of New York · 1904